5. Law Enforcement

Pre-2001 Terrorists as Criminals

• 1996 Anti-Terrorism and Effective Death Penalty Act– Summary by US Congress, Congressional

Research Service

Ramzi Yousef • Convicted (1997/1998) for 1993

WTC attack, Life sentence: United States v. Mohammed Salameh et al U.S. Court of Appeals – 2nd Circuit Aug 4, 1998

Sheikh Omar Abdel Rahman (leader of Islamic Group)

• Convicted (1995) for bombing of WTC 1993 plot on NY Landmarks, Life Sentence

Post-2001: What are Terrorists?

Uncertainty

Question: What are terrorists who are not affiliated with a nation-state?

a. Criminalsb. Soldiersc. Neitherd. Bothe. Don’t ask

Three Key Issues

1. Surveillance2. Legal Status of Individuals3. Treatment of Individuals

1. Surveillance

• Foreign Intelligence Surveillance Act (FISA) 1978

• USA PATRIOT ACT 10/26/01– Pro and Con– ACLU on the Act

• Terrorist Surveillance Program (2001)• Protect America Act 2007 (sunset 2008)• FISA Amendments Act 2008

2. Legal Status of Individuals

• Detainees (unlawful enemy combatants)– President George W. Bush Military Order,

November 13, 2001, “Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism”

– Authorization to Use Military Force, September 18, 2001

The Legal Evolution: Legislation and Trials

• Detainee Treatment Act, 2005• Military Commissions Act, 2006• Military Commission Act 2009 (amendments to 2006

Act)

– Analysis by CRS– Manual for Military Commissions )2010 edition)

• Guantanamo Trials• Guantanamo Docket

The Legal Evolution: Key Legal Cases

• Rasul v. Bush• Hamdi v. Rumsfeld• Padilla v. Rumsfeld• Hamdan v. Rumsfeld• Boumediene v. Bush

3. Treatment of Individuals

• Memos from the Office of Legal Counsel, Bush and Obama Administrations concerning detainee treatment and interrogation policies Detainee Treatment Act, 2005

• Senate Judiciary Committee Hearings on Detainee Treatment, May 2009

• Interrogation of al Qaeda Operative, Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency, from Jay Bybee, Assistant Attorney General, August 1, 2002, from http://www.fas.org/irp/agency/doj/olc/zubaydah.pdf